Florida District Courts of Appeal, 2004

Small v. State

Small v. State
Florida District Courts of Appeal · Decided June 30, 2004 · Polen, Warner
875 So. 2d 1276; 2004 Fla. App. LEXIS 9193; 2004 WL 1462637 (Southern Reporter, Second Series)

Small v. State

Opinion of the Court

PER CURIAM.

We reverse the trial court’s order denying post-conviction relief and remand to the trial court with directions to grant appellant’s motion or notice for voluntary dismissal, without prejudice to his right to refile any such motion within thirty (30) days after issuance of this court’s mandate. See Hansen v. State, 816 So.2d 808 (Fla. 1st DCA 2002); Murphy v. State, 801 So.2d 1010 (Fla. 4th DCA 2001); Dunn v. State, 762 So.2d 593 (Fla. 4th DCA 2000); Howard v. State, 743 So.2d 608 (Fla. 4th DCA 1999).

WARNER, POLEN and MAY, JJ., concur.

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